What to Do If You're Injured on Public Transport
Public transportation plays a significant role in Texas communities. Whether it’s a city bus, light rail, or commuter train, we rely on public systems every day to get where we need to go. But when something goes wrong and causes injury, it can be difficult to know how to proceed.
A public transport accident may involve multiple parties and specific procedures. Knowing what steps to take right away can make a meaningful difference. At the Law Office of Steve Brannan, we’ll outline the essential considerations for those who’ve been injured on public transport in Odessa, Texas.
Seek Immediate Medical Attention
Safety and health come first. After any accident on public transport, getting medical attention should be the top priority. Even if the injury doesn’t seem serious at first, symptoms may develop hours or even days later.
Prompt treatment helps establish a clear connection between the injury and the incident. Medical records will also serve as important evidence in a personal injury claim.
Report the Incident Right Away
It’s important to report the injury to the bus driver, train operator, or other transit authority staff as soon as possible. In many cases, they’ll be required to create an official incident report.
If emergency services are called to the scene, the responding officers will also document what they observe. Obtaining copies of these reports can help clarify what happened and when.
Where possible, it helps to request the following:
The name and identification number of the driver or operator
A copy or summary of the transit agency’s incident report
Contact information for any witnesses
Document the Scene and Gather Evidence
Taking photos or videos at the time of the incident can be helpful. Focus on conditions that may have contributed to the injury, such as damaged seating, broken flooring, or sudden stops.
Eyewitnesses can also strengthen a claim. It helps to gather names and contact information for others who may have seen the event or have knowledge of the conditions leading up to it.
The more documentation collected early on, the easier it will be to build a reliable picture of what occurred.
Identify Who May Be Liable
Public transport systems in Texas may be operated by city or regional agencies, such as Dallas Area Rapid Transit (DART) or the Metropolitan Transit Authority of Harris County (METRO). However, third-party contractors and private maintenance providers may also be involved.
Liability depends on factors such as:
Whether the injury occurred because of driver behavior
If equipment or vehicles were in poor repair
Whether policies or procedures were followed
Identifying the correct parties early in the process helps in filing the right type of claim.
An Intro to Government Immunity
Texas law grants public entities a level of protection through what’s called “sovereign immunity.” This legal principle limits lawsuits against governmental bodies unless specific conditions are met.
However, under the Texas Tort Claims Act, it’s possible to bring a personal injury claim against a governmental unit if the injury was caused by the use of a motor-driven vehicle or equipment, and the operator was acting within the scope of employment.
This makes it especially important to follow the procedures set out in the law, including notice requirements and filing deadlines.
File a Notice of Claim Within the Time Limit
Before pursuing a lawsuit against a public agency in Texas, an injured party must first provide formal notice. This is different from simply reporting the incident. The notice must include specific information such as:
The date and location of the incident
A description of the injury and what caused it
Names of those involved, if known
Under state law, this notice must generally be submitted within six months of the injury. Some municipalities may have shorter deadlines, so it’s important not to wait.
Failure to submit timely notice may prevent someone from bringing a personal injury claim later on.
Consult a Solicitor With Public Transport Experience
Texas personal injury cases involving public transport can involve specific legal procedures. A solicitor familiar with state transportation law and public claims processes can help determine how best to proceed.
They’ll review available evidence, analyze the law that applies to the agency or operator involved, and help decide whether pursuing a claim makes sense under the circumstances.
When dealing with medical costs, missed work, and long-term recovery, having legal guidance often makes the process more manageable.
Consider Comparative Fault
Texas applies a comparative fault rule to personal injury cases. If a person injured on public transport is found partially at fault, it may reduce their compensation.
For example, if someone stood in an unauthorized area of the vehicle or ignored posted warnings, they could be assigned a portion of the responsibility. As long as they’re not more than 50 percent at fault, they may still recover damages—though the amount may be reduced.
Being honest and accurate about what occurred helps evaluate how this rule might apply to a specific case.
Track All Medical Costs and Recovery Impacts
Documentation of financial losses and treatment is critical. From emergency room visits to physical therapy sessions, everything related to the injury should be recorded and organized.
Key items to track include:
Medical bills, prescriptions, and receipts
Time missed from work and reduced earning capacity
Physical or emotional pain that interferes with daily activities
This information provides the basis for calculating damages in a personal injury claim.
Evaluate Settlement Offers Carefully
Transit agencies or their insurers may offer a settlement at some point in the process. While a quick resolution can be appealing, it’s important to weigh the full cost of medical care, future treatment, and time away from work before agreeing to any offer.
In many cases, an early offer may not reflect the full value of the claim. Once a settlement is accepted, there’s usually no opportunity to reopen the case, even if additional issues arise.
Taking time to review any proposed settlement before signing is a wise step.
Prepare for the Possibility of Court Proceedings
While many personal injury claims are resolved outside of court, some do proceed to trial. If negotiations don’t result in fair compensation, pursuing a lawsuit may be necessary.
Litigation can involve depositions, discovery, and courtroom appearances. However, the aim remains the same—to recover fair compensation for the injury and its effects.
Working with legal counsel helps manage these proceedings and identify when it’s best to move forward or accept a resolution.
Know What a Personal Injury Claim Can Recover
In Texas, personal injury claims may allow injured parties to recover compensation for a variety of damages. These may include:
Medical expenses, both past and future
Lost income or reduced earning capacity
Pain and suffering
Mental anguish
Disfigurement or physical impairment
Each case will vary, and the amount of damages depends on the facts of the injury, the impact on daily life, and how clearly liability can be shown.
Understanding what damages are available provides a clearer picture of what’s at stake.
Stay Informed Throughout the Process
Keeping communication open with legal counsel and following up on deadlines can help the process move forward. Claimants should keep their records organized, attend scheduled appointments, and respond promptly to inquiries related to their case.
Personal injury claims involving public transport often take time. Remaining involved helps reduce delays and supports a better outcome.
Recognize the Broader Impact of Public Transport Injuries
Beyond the physical harm, public transport injuries can affect mobility, income, and independence. For many in Texas, public transport is a daily necessity, not a luxury.
An injury may require temporary or permanent changes in routine. It may also affect family responsibilities or limit access to employment opportunities.
Seeking a personal injury claim is one way to address these broader effects and recover what’s been lost.
When someone suffers an injury on public transport in Texas, taking the right steps early can protect both their health and legal rights. From medical treatment to legal notice and everything in between, each part of the process matters.
A personal injury claim can provide a path toward compensation for medical expenses, lost income, and other harms suffered as a result of negligence. By acting promptly and relying on sound legal advice, individuals can better manage the challenges that follow a transit-related injury.
Contact the Law Office of Steve Brannan Today
We recognize how disorienting it can be when a routine journey results in serious harm. At the Law Office of Steve Brannan, we serve Odessa, Texas, as well as Midland, Big Spring, Pecos, Andrews, and throughout communities in West Texas. Call today to get started.